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Does Dating While Divorcing Hurt Your Case?

dating and divorceSolana Beach, CA – Divorce can be a time of loneliness and despair, and it’s only natural to seek out companionship in other capacities. However, to best help your case, it may be wise to avoid dating a new partner until the divorce is finalized.

Dating and Spousal Support

Since California is a no-fault state, the reasons for the divorce don’t matter in court; the important thing is your marriage has fallen apart to the point of being irreconcilable. As such, even though dating during divorce would be considered an extramarital affair, it would not affect the court’s granting of a divorce. It could, however, affect spousal support.

California Family Code 4323 states that adding a nonmarital partner can cause spousal support to change or be eliminated altogether. This is especially true if you and your new mate decide to move in together.

Dating, Custody, and Child Support

If you’re considering dating during your divorce process, another key factor is any children involved. California law always advocates for the best interest of the child and will assess your new boyfriend or girlfriend when ruling on child custody. Some questions that will likely be asked are:

  • Will the new partner babysit or otherwise be alone with the child(ren)?
  • In whose home will you reside?
  • Does your new relationship impact the attention and care you can provide your child(ren)?
  • If you’re going for sole or joint custody, is your new partner a suitable custodian?
  • Does your new partner have a criminal record or any other evidence of wrongdoings?
  • Are there other children from your new partner’s former relationships?

Ultimately in custody cases, the court is seeking the best and safest environment for the children. If you are dating someone and make it known, the court will scrutinize the new relationship to ensure it’s best for any children involved.

Words of Wisdom

While it can be mighty tempting to begin a hopeful connection with a new partner, it might be best to hold off until the divorce is finalized. If you absolutely must date, try to be as discreet as possible. This will prevent any potential jealousy from your spouse and can help the divorce proceed more smoothly.

Keep finances separate and do your best not to mix assets or property with your new partner. Further, due to the impact cohabitation can have on your case, it’s best not to move in together until you are officially divorced.

Finally and most importantly, seek experienced legal counsel. California family law attorneys like those at Griffith, Young and Lass, can best assist you in having a professionally-handled case.

Schedule a free consultation with John Griffith and his San Diego-based family law firm today to ensure your case is handled with the utmost care.

© 2017 Millionairium and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Millionairium and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

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Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

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The Typical Divorce Process in California
Discovery of Assets & Obligations (1-3 months)
1 Complaint for Divorce Filed Start of litigation
2 Complaint is Served Varies, but usually shortly after the complaint is filed
3 Answer to Complaint Due 30 days from the date of service
4 Mediation Anytime, but usually after initial discovery
5 Temporary Hearing Usually early in the process
6 Late Case Evaluation / Judicial Hosted Settlement Conference Usually near the end of the case
7 Trial (If Needed) The goal is to settle, but if your case goes to trial, it could take months after the start of litigation.
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